Brown

MEMORANDUM OPINION

PROCEDURAL AND FACTUAL BACKGROUND

On November 9, 1987, plaintiffs, recipients of Aid to Families with Dependent Children (hereinafter “AFDC”), had cause to file the above-entitled action as a class action for declaratory and injunctive relief. In essence, the complaint challenges the California Department of Social Services policy with regard to its calculation of AFDC benefit levels. See 42 U.S.C. § 601-676 (1982 & Supp. V 1987). Specifically, the action raises the issue of whether under the Federal Deficit Reduction Act of 1984 (DEFRA), Pub.L. No. 98-369, 98 Stat. 494 (1984), tit. 2, social security benefits to children of disabled wage earners should be considered “child support” for purposes of applying the fifty dollar ($50.00) “disregard” provision, codified at 42 U.S.C. § 602 (a)(8)(A)(vi).

The procedural history of this action is as follows: after the filing of the original complaint, defendant Linda McMahon, Director of the California Department of Social Services, filed a third-party complaint against Otis R. Bowen, M.D., then Secretary of the United States Department of Health and Human Services. A stipulation and order granting class certification…